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New York Law Journal

ESI Discovery: Speed Bumps and Sanctions

In his Cyber Crime column, Peter A. Crusco addresses how courts may respond to issues concerning the discovery of electronically stored information in the context of discovery reform.
13 minute read

Legaltech News

Consilio and Xact Data Discovery Announce Merger, With Eye on Broader Legal Services Expansion

The transaction is set to close in the coming weeks, and the combined Consilio said it intends to use its additional scale to potentially acquire or develop offerings to service the entire EDRM and legal lifecycle.
4 minute read

New York Law Journal

Thorny Issues Raised by Third-Party Discovery in Arbitration

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the nuanced analysis of third-party discovery issues in 'Broumand v. Joseph', a subpoena enforcement proceeding where the out-of-state respondents successfully resisted arbitral subpoenas.
10 minute read

New York Law Journal

Prompt Action Needed To Cure Inadvertent Production of Privileged Documents

In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss a recent decision that put litigants on notice that their duty to cure inadvertent disclosure may require promptly moving for a protective order even where, upon learning of the inadvertent production, they repeatedly demanded that opposing counsel return the privileged the documents and cease any use thereof.
9 minute read

The Legal Intelligencer

Data Privacy: Why We Are All Over the Place, Part 2

In Part 1 of this column, I discussed privacy, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private.
8 minute read

Corporate Counsel

Beyond Email: EDiscovery Requires a New, Centralized Project Management System, Say Legalweek Panelists

"If 857,000 documents have to be stamped and pressed, it's not going to happen quickly," said Greg Jordan, Arnold & Porter's director of eDiscovery. "The project manager can go back to the attorney and say, 'This is not going to happen as quickly as you'd like. And here's what we need in place to make sure it's done correctly.'"
5 minute read

Legaltech News

Why Discovery Data Transfers May Face Additional Regulatory Scrutiny

Though case law on data transfers is fairly consistent, evolving data privacy regulations, including those impacted by Schrems II, may introduce additional complications, according to a Legalweek(year) panel.
3 minute read

New Jersey Law Journal

E-DISCOVERY AND COMPLEX LITIGATION

Articles in this special section discuss the importance of negotiating protocols for electronically stored information, as well as agreemeents on technology assisted review. Also: resisting the overuse of protective or confidential orders, coordinating the defense of 'serial litigation,' and an update on the PREP Act.
2 minute read

The Legal Intelligencer

Fraud Claims Against Barley Snyder Correctly Dismissed, Appeals Court Rules

Claims that law firm Barley Snyder destroyed medical records in its representation of a manufacturer in a toxic tort lawsuit were rightly dismissed, the Pennsylvania Superior Court has ruled.
3 minute read

Legaltech News

Plaintiffs Social Media ESI Is Increasingly Discoverable. Will It Chill Meritless Filings?

While battles for plaintiff's social media electronically stored information (ESI) are fast becoming the norm, it's an open question whether they'll have an impact beyond straining current e-discovery capabilities.
4 minute read

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